1.0 This appeal is are directed against the judgement and award dated 24.01.2006 passed by Motor Accident Claims Tribunal (Aux.), Ahmedabad City in Motor Accident Claim Petitions No. 199 of 2000 awarding a sum of Rs. 25,000/ to the claimants.
2.0 Admittedly the present appeals arise out of an order passed under Section 140 of the Motor Vehicles Act. Looking to the facts of the case, I am of the opinion that the view taken by the Tribunal is tentative and any observations that may be made by this Court on the merits of the case may prejudicially affect the interest of either parties before the Tribunal since the main claim petition is still pending. Having, considered the overall facts and circumstances of the case I am of the view that interest of justice would be met by directing to expedite the main claim petition pending before the Tribunal.
3.0 The main claim petitions being Motor Accident Claim Petitions No.
199 of 2000 pending before the concerned Tribunal shall be heard and disposed of as expeditiously as possible and preferably within a period of one year from the date of writ of this order, if the same has not been disposed of so fact.
4.0 The awarded amount is already ordered to invest in F.D.R as per the order dated 15.12.2005 passed in Civil Application No. 6445 of 2005 which shall be renewed from time to time till disposal of the main claim petition. The claimants will be paid the interest accrued on the F.D.R pending the main claim petition. If ultimately the claimants succeed in the main claim petitions, the amount lying in FDR shall be paid to the claimants. In case, the claimants fail in the main claim petitions, the said amount shall be withdrawn by the Insurance Company.
5.0 With this direction, the appeals stand disposed of. No Costs.
(K.S.JHAVERI, J.) niru*